Legal Opinion
Brigham v. McCabe
New York Court of Appeals
Decided November 2, 1967PublishedCited by 24 opinions
1Opinion of the Court
Chief Judge Fuld.
The plaintiff, a teacher and member of the New York State Teachers Retirement System, brings this derivative action on his own behalf and on behalf of all other members of the System against the seven members of its governing body, known as the Retirement Board, and the National Commercial Bank and Trust Company.
The complaint alleges that there is an unlawful conflict of interest between the System and the bank arising from the fact that defendant Frank Wells McCabe is both chairman of the finance committee of the board and also the bank’s president and chief executive…
2Cases cited4 opinions
- Sundail Construction Co. v. Liberty BankNew York Court of Appeals · 1938
- Solicitor for the Affairs of His Majesty's Treasury v. Bankers Trust Co.New York Court of Appeals · 1952
- Chapman v. . ComstockNew York Court of Appeals · 1892
- Erie County Savings Bank v. . CoitNew York Court of Appeals · 1887
3Cited by24 opinions
- Aspen Industries, Inc. v. Marine Midland BankNew York Court of Appeals · 1981
- Greenberg, Trager & Herbst, LLP v. HSBC Bank USANew York Court of Appeals · 2011
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Chemical BankNew York Court of Appeals · 1982
- Industrial Commissioner v. Five Corners Tavern, Inc.New York Court of Appeals · 1979
- Sirico v. F.G.G. Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
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